"[Glacier Bay National Park] was founded in the spirit of John Muir, with a strong tradition of scientific inquiry [and] an historic focus looking only as far back as the arrival of European explorers. Perhaps it was this short-sightedness that led to many of the
conflicts to come."

Federal consultation must be conducted in good faith; that is, in a manner
that implies honesty, fair dealing, and full revelation of facts. A recent case
involving the National Historic Preservation Act illustrates the good faith
standard (Pueblo of Sandia v. United States, No. 93-2188).

In July 1988, the Forest Service released a draft environmental impact statement
(called for by NEPA) on eight alternate strategies for managing Las Huertas
Canyon in New Mexico's Cibola National Forest, including plans for picnic grounds,
parking lots, and the like. Since NHPA requires land managers to consider the
effect of such plans "on any district, site, building, structure, or object
that is included in or eligible for the National Register," the Forest Service
had mailed letters asking tribes to describe traditional sites in the project
area, and how often they were used. Forest Service officials also addressed
the All Indian Pueblo Council (a body of elected representatives not recognized
by the federal government) and the Pueblo of San Felipe. No one came forward
with the information. In the ensuing months, however, the tribes submitted two
affidavits outlining general traditional uses of the canyon.

Concerned about the planned paving of a gravel road, the Pueblo of Sandia filed
an administrative appeal to block it. When the deputy regional forester affirmed
the decision, the pueblo filed suit in federal court. The court granted summary
judgement to the Forest Service, so the pueblo appealed to the Tenth Circuit.
On March 14, 1995, the Tenth Circuit ruled that the Forest Service requests,
in form letters and at tribal meetings, were not reasonable efforts. "Writing
a letter is not sufficient in itself," explains Forest archeologist Tom Cartledge.
Because the affidavits were not discussed in consultation, the court further
ruled that the Forest Service did not make a good faith effort and remanded
the case back to the local jurisdiction.

The Forest Service agreed to hire an ethnographer to document historic properties
in the project area. "We weren't sending the appropriate people to talk to the
Indians," continues Cartledge. "There are proven techniques and methodologies
for eliciting information. Your Forest archeologist may not be the right person."

Cartledge sees lack of confidentiality as an obstacle to effective consultation,
even when it is done in good faith. "Confidentiality is the crux of the issue,"
he explains. "We have a legal process that says we'll make a reasonable, good
faith effort to obtain information and then manage the resource in an appropriate
fashion. Native peoples don't want us to have that information. In part it's
a lack of trust, but at least in pueblo religion they also cannot disclose the
information without destroying whatever powers are attached to a given location.